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INDOOR

TANNING
A SSOCIATION
Promoting Respon5ible Sun Cart a"d Satn Burn Prtve nlion.
2025 M STREET, NW Sum: 800
WASHlNGTON, DC 20036
PHONE: 888-377-0477
FAX: 202-367-2142
WWW.THEITA.COM
--
July 23, 2010
Mr. DonaldS. Clark

Federal Trade Commission
6oo Pennsylvania Ave., NW
Washington, D.C. 20580
Re: In the Matter of Indoor Tanning Association, a corporation, C-4290
Dear Mr. Clark,
In accord with XI of the Decision and Order from the Federal Trade
intne Matter of the Indoor Tanning Association Docket Number
C4290 ("Order"), I am providing to the Commission a true and accurate repmt
detailing the manner and form by which I, on behalf of the Indoor Tanning
Association, have complied fully with this order.
Pursuant to paragraph IV of the Order, on June 1, 2010, I delivered to all
principals, officers, directors and other employees with managerial authority of
the Indoor T(l'Iming. a copy of the order with a request to ..
acknowledge riceiptthe ordet. A copy of that correspondence is att ached.
'Pursuant to paragraph VII, on June 3, 2010 I sent to all Indoor Tanning
AssociatiO'n in embers and all other entities that Teceivedthe point of sale
advertising on or after January 1, 2008 (over 700 businesses), first class mail,
postage paid, return receipt requested, a letter on ITA letterhead using the exact
wording of attachment A. A copy of that letter is attached, and I would be happy
to provide the Commission with the recipients and return receipt files at your
request.
As detailed in the paragraphs I & II, the Indoor Tanning Association is
prohibited from making certain marketing statements or representations in
connection With the manufacturing, labeling, advertising, promotion, offering for
sale, :or: distribution of indoor tanning services. The Indoor Tanning
Association certifies that it has removed all information and references on its
website,relating to' the statements listed in A, B, C, Din "I" of t4e order; and in A
,B in "II" of the order and otherWise is no longer making those statements or
representations.
.,
AB detailed in paragraphs III & IV, the Indoor Tanning Association is
required to have to have competent and reliable scientific evidence supporting its
marketing claims related to indoor tanning and not misrepresent the scientific
basis for any of its marketing. The Indoor Tanning Association has and will take
substantial steps to ensure its marketing claims for covered products are both
substantiated and that any claims relating to scientific support are appropriately
established by scientific evidence.
AB detailed in paragraph V, the Indoor Tanning Association is required to
make certain disclosures if it makes claims about the safety or health benefits of
indoor tanning services. The Indoor Tanning certifies that it has complied with
this requirement including the disclaimer as specified in the Order on our
membership brochure, Facebook page and website.
Pursuant to paragraph VI, the Indoor Tanning Association has not
provided to any other person, or entity any means or instrumentalities, that
contain any representation or omission prohibited by this order directly or

device, in connection with the manufacturing, labeling, advertising, promotion,
offering for sale, sale or distribution of any covered product or service, in or
affecting commerce.
Furthermore, in all conversations, phone conversations, meetings and
events where our members are present, we have discussed this.order supplying
detailed information regarding how we are complying.
Pursuant to paragraph VIII, I have implemented document retention
policies related to representations covered by this Order.
I hope this satisfied the information required in XI. Please call me if you
have any questions.
Cc:
Mr. Davis Spiegel
Enforcement Liaison
Federal Trade Commission
/ ! I
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. INDOOR
TANNING
" ' ., . ' \:'
It : 1\\\ ASSOCIATION
Promoting Su Cart d Su Burn Preutnlion.
IMPORTANT NOTICE ABOUT GOVERNMENT ACTION
<<Date>>
<<Full Name>>
<<Company>>
<<Address _1, Address_ 2> >
<<City, State_Province Zip>>
Dear ITA Member or Affiliate:
2025 M Street, NW Suit<! 800
DC
Phonl.': 888-377-0477
Fa.x: 2!l2-3(i 7-2'142
www.theita.com
In a recent lawsuit, the Federal Trade Commission (FTC) charged the Indoor Tanning
Association (ITA) with making misleading representations in its advertising and marketing for indoor
tanning. Among other things, the FTC alleged that IT A falsely claimed that indoor tanning poses no
risk to health, including no risk of skin cancer. In addition, the FTC alleged that when ITA represented
that indoor tanning caused the skin to generate vitamin D, IT A failed to disclose material facts about
the risks of indoor tanning. IT A has agreed to send this notification to you as part of its settlement with
the FTC.
ITA hereby requests that you immediately cease using all advertising and marketing
materials previously provided to you by IT A. Among the materials you should no longer use are all of
the materials contained on the CD-ROM issued in 2008, including the following:
A. The "Melanoma Hype" print ad
B. The "Overdose of Hysteria" video
C. The "Communications: The Basics" guide and
D. The print ad with the tag line, "Time to rethink sun tanning?"
The FTC complaint alleges that these ads contain representations that are false and/or misleading.
For further information about the FfC's complaint and order, go to www.ftc.gov and search
"Indoor Tanning Association."
Very truly yours,
John Overstreet
Executive Director
From: Overstreet, John
Sent: Tuesday, June 01, 2010 12:18 PM
To: Bill Pipp; 'Dan Caskey'; dbumiston@tanningbed.com; Diane Lucas; Don Hirsch; Ed Jerger;
Greg Henson; HANS-JUERGEN KREITZ ; Jim Shepherd; Karen Bentlage; Karl Platzer; Kevin
Apgar; lewis.henry@devotedcreations.com; Marty Gallagher; Rick Kueber ; Rick Norvell ; Rob
Quinn; Susan Miller
Cc: Joe Schuster
Subject: FTC Final Consent Decree
Attachments: FTC final complaint and order 5-26-IO.pdf; board acknowledgment ofreceipt.doc
June 1, 2010
To: ITA Board of Directors and Staff
From: John Overstreet
RE: Federal Trade Commission Complaint and Order
On Wednesday, May 26, 2010 I received official notification of the Decision and
Order from the Federal Trade Commission in the Matter of the Indoor Tanning
Association Docket Number C4290. A copy is attached for your review and files.
The order requires me to do two in the next 30 days. They include:
1. Send a letter (see Attachment A in Consent Decree for the exact language of the
letter) first class mail postage prepaid, return receipt requested to our members
as of January 1, 2008 and anyone one else after that date who received the
advertising addressed in the complaint making them aware of the FTC's
allegations and this settlement. In the letter I am required to request that they no
longer use the "Melanoma Hype" print ad; the Overdose of Hysteria" video; The
"Communications: The Basics" guide; and the print ad with the tag line "Time to
Rethink Sun Tanning", all of which were distributed to the membership in a CD-
ROM. This will include approximately 700 members. We have started that
process.
2. Deliver a copy of the order to all Officers, Directors and employees of the
association and secure from each a signed dated statement acknowledging receipt
of the order. By this memo and attachment I am delivering the order. For your
convenience, I have also attached a receipt. Please enter your name, sign, date
and return to me at your earliest convenience. Within 60 days, I have to submit a
report to the FTC detailing how I complied with the order so your cooperation is
appreciated.
If you have any questions, please call me.
Thanks, John
- -------
i '
TO: John Overstreet, Executive Director, Indoor Tanning Association
In accord with the requirements of the Federal Trade Commission's Com_plaint
and Order in the Matter of the Indoor Tanning Association, Docket No. C4290, I
hereby acknowledge receipt of the order.
Signature
Name
Date ____________________ __
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
Division of Advertising Prnctices
Janet M. Evnns
202.326.2125
Mr. Daniel F. Mcinnis
Akin Gump Strauss Hauer & Feld, LLP
1333 New Hampshire Avenue, N.W.
Washington, DC 20036
June 22, 2009
Re: Indoor Tanning Association, Inc.
File No. 082-3159
Dear Dan,
The staff of the Federal Trade Commission conducted a non-public investigation of the
Indoor Tanning Association, Inc. ("IT A") to determine whether it engaged in unfair or deceptive
acts or practices in violation of Sections 5 and 12 of the Federal Trade Commission Act, 15
U.S.C. 45 and 52. We concluded that ITA violated Section 5 and 12, in connection with the
advertising and marketing of indoor tanning. Consistent with this determination, the Bureau of
Consumer Protection has approved a proposed complaint in this matter, and authorized us to
offer your client the opportunity to negotiate a settlement of the allegations. The proposed
complaint and order approved by the Bureau are attached.
We are operating under time constraints, and ask your cooperation in attending to tlus
matter promptly. Please advise us no later than close of business on July 2, 2009 whetl1er ITA
desires to negotiate a settlement of this matter. In addition, please call and schedule an initial
negotiating meeting, to occur no later than July 9, 2009. At this meeting, please be prepared to
discuss all aspects of the proposed order.
COMMISSIONERS:
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
Jon Leibowitz, Chairman
Pamela Jones Harbour
William E. Kovacic
J. Thomas Rosch
In the Matter of )
)
INDOOR TANNING ASSOCIATION, )
)
a corporation. )
DOCKET NO.
COMPLAINT
The Federal Trade Commission, having reason to believe that Indoor Tanning
Association, a corporation ("respondent"), has violated the Federal Trade Commission Act, and
it appearing to the Commission that this proceeding is in the public interest, alleges:
1. Respondent Indoor Tanning Association ("ITA") is a Massachusetts corporation with its
principal place ofbusiness at 2025 M St., N.W., Washington, D.C. 20036. ITA is registered as a
nonprofit entity under Section 50l(c)(6) of the Internal Revenue Code. Its members include
indoor tanning manufacturers, distributors, facility owners, and representatives of other
supporting industries. ITA's purpose is to "advance the business growth and image of the indoor
tanning industry, and the welfare of its membership."
2. Respondent has advertised and promoted to the public the use of ultraviolet lamps and
sunlamp products, as defined in 21 C.F.R. 1040.20, and commercial indoor tanning facilities
where consumers may use ultraviolet lamps or sunlamp products. Ultraviolet lamps and
sunlamp products are "devices" within the meaning of Sections 12 and 15 of the Federal Trade
Commission Act.
3. The acts and practices of respondent, as alleged herein, have been in or affecting
commerce, as "commerce" is defined in Section 4 of the Federal Trade Conunission Act.
4. As part of a coordinated campaign to promote ultraviolet lamps and sunlamp products
and indoor tanning, respondent created, prepared, disseminated, or caused to be disseminated
advertisements, including the attached Exhibits A through G. These advertisements contain the
following representations or statements, among others:
a. TANNING CAUSES MELANOMA HYPE
b.
Recent research indicates that the benefits of moderate exposure to swuight
outweigh the hypothetical risks. Surprisingly, there is no compelijng scientific
evidence that tanning causes melanoma. Scientists have proven, however, that
exposure to all forms of ultraviolet light- both indoors and out - stimulates the
natural production of vitamin D. And research has proven that vitamin D protects
against heart disease and many types of cancer, in addition to other important
health benefits.
*
It's time to rethink sunbathing.
Find out more at www.SunlightScam.com.
A message brought to you by the Indoor Tanning Association
*
- Exhibit A, newspaper advertisement and point-of-sale poster art
provided to ff A members
*
There are a lot of misconceptions about sunlight. After hearing relentless
campaigns telling us to lather on the sunscreen, many Americans have been led to
believe that ultra violet [sic] (UV) light- whether it comes from the sun or from a
tanning salon - is something to be feared, rather than cherished.
The reality is that UV light provides us with countless health benefits- both
physiological and psychological. And the rewards of"soaking up the sun" even
outweigh the risks of overexposure. Though there are various ways of getting the
recommended amount, such as mowing the lawn or lying by the pool, safe,
moderate tanning is the best way to maximize these benefits while minimizing any
risks.
* * *
Melanoma Misinformation.
* * *
Getting a regular amount of sunlight is healthy, whether it's outdoors or in a sun
bed. Moderate exposure to UV light benefits people with vitamin D deficiency
and makes people feel good. However, a great deal of rnisinfonnation has been
spread about the link between Melanoma and any amount [sic] UV exposure.
The truth may surprise you:
Sunburns, not sun tans are linked to melanoma
Melanoma is most common among those who work indoors, not
outside
Melanoma appears most commonly on body parts not regularly
exposed to sun
Safe, moderate exposure does not increase risk of melanoma skin cancer. And
tanning indoors is even safer because, unlike exposure to the sun, the environment
2
is controlled. In fact, the anti-cancer benefits ofUV exposure highlighted be [sic]
recent studies far outweigh the risks associated with over-exposure.
-Exhibit B, website, http://www.trusttanning.com
c. Get the Facts About Tanning
* * *
SCAM: Getting a tan is dangerous
TRUTH: There is nothing dangerous about getting a tan. In fact, your body
needs ultraviolet light to live. And now, new research is unlocking the secrets of
vitamin D, which is naturally produced by skin when it is exposed to sunlight or
indoor tanning lights. Earlier this year the London Telegraph reported:
Last week, a report in the prestigious US journal Proceedings of the
National Academy of Sciences revealed that people with higher levels [of
vitamin D] were more likely to survive colon, breast and lung cancer ...
The Proceedings of the National Academy of Sciences study determined that the
risks associated with not getting enough sun far outweighed any hypothetical
damage that might occur.
While a healthy tan poses no significant risks of damaging your skin, burning your
skin can be dangerous. For that reason, indoor tanning - where the amount ofUV
light you receive is monitored -is considered by many to be a safer alternative to
tanning outdoors.
* * *
SCAM: Every ray ofUV light from a tanning bed increases your risk of
contracting melanoma skin cancer
TRUTH:
* * *
A recent study in the prestigious Proceedings of the National Academy of Sciences
dete1mined that the risks of not getting enough UV light far outweighed the
hypothetically minute risk of skin cancer. That's because getting a healthy tan
naturally produces vitamin D, which has been linked to significantly decreasing
your risk of contracting internal cancers like lung, kidney, or liver cancer.
While getting too much sun has been linked to some forms of cancer, indoor
tanning is a govermnent-approved, controlled environment designed to give you a
tan without ever burning- which is the likely culprit in contracting cancer from
sun exposure.
* * *
SCAM: Indoor tanning is more dangerous than tanning in the sun
TRUTH: Just the opposite is true. Unlike tanning outdoors, indoor tanning is
designed to match your skin type and desired tan in a well-regulated, controlled
environment. Consequently, the vast bulk of scientific research indicates that
indoor tanning is a safer alternative to tanning outdoors.
-Exhibit C, website, vvww.sunlightscam.com.
d. The fear of getting a tan has gone too far. Dermatologists vvith the sunscreen and
cosmetic industries are trying to scare us away from the sun. But tanning produces
vitamin D, and research shows vitamin D may fight heart disease, breast cancer,
stroke, and osteoporosis. So go get a tan, your body will thank you.
e.
[on screen: Vitamin D Fights Heart Disease Breast Cancer Stroke Osteoporosis]
Bought to you by The Indoor Tanning
-Exhibit D 1, Transcript, television and website advertisement and
Exhibit E, DVD containing video of same
[on screen: www.SunLightScam.com]
The fear of getting a tan has gone too far. Dermatologists with the stmscreen and
cosmetic industries are trying to scare us away from the stm. But tanning produces
vitamin D, and research shows vitamin D may fight heart disease, breast cancer,
stroke, and osteoporosis. So go get a tan, your body will thank you.
[on screen: www.SunLightScam.com]
[on screen: Vitamin D Fights Heart Disease Breast Cancer Stroke Osteoporosis}
Bought to you by The Indoor Tanning Association.
-Exhibit D2, Transcript, television and website advertisement and
Exhibit E, DVD containing video of same
* * *
By practicing what you find in this book, you will more effectively communicate
your message, build your image, and motivate desired behavior.
* * *
ARGUMENT 1 - VITAMIN D IS GOOD (VITAMIN D IS THE "SUNSHINE
VITAMIN"):
* * *
It is impossible to get the requisite amotmt of vitamin D in cities north of
3 7 degrees for as many as 6 months out of the year. ..
Vitamin D isn't like other vitamins that you can easily ingest as part of
your diet. It is best absorbed through the skin from exposure to UV light.
New research indicates that supplement-based vitamin D, as opposed to
4
vitamin D naturally produced through exposure to UV light, may actually
ham1 the body's ability to fight disease.
* * *
ARGUMENT 3- TANNING IN MODERATION IS BENEFICIAL:
* * *
- Indoor tanning in moderation is safer than exposure to the sun, because the
environment is controlled.
-Unlike the sun, tanning is well regulated and approved by the government. When
used moderately and responsibly, tanning sessions are designed to prevent
burning.
-Exhibit F, IT A "Communications: the basics" guide provided to
ITA members
f. Enjoy the sun on doctor's orders
Solar rays can help protect against some cancers and heart disease, say scientists
- The Guardian, January 8, 2008
As Vitamins Go, D, You Are My Sunshine
Just 20 minutes of sun exposure without sunscreen enables the skin to produce
20, 000 IV of vitamin D
-The Washington Post, September 18, 2007
Sunshine prevents more deaths than it causes;
Sunshine has a protective effect overall because it helps to create vitamin D
-New Scientist, January 12, 2008
* * *
Time to rethink sun tanning?
For more information visit www. Trust Tanning. com
Dermatologists and the sunscreen industry have spent millions on a deceptive
campaign to scare Americans away from the sun. Now the tide of research is
turning the other direction. The positive effects of getting vitamin D from sunlight
are clear. So soak up a little sunlight- indoors or out- a couple of times each
week, and get your recommended dose of the "sunshine vitamin."
Paid for by the Indoor Tanning Association
-Exhibit G, newspaper advertisement and point-of-sale poster art
provided to IT A members
5. Through the means described in Paragraph 4, respondent has represented, expressly or by
implication, that:
5
A. Tanning, including indoor tanning, does not increase the risk of skin cancer;
B. Tanning, including indoor tanning, poses no danger;
C. Indoor tanning is approved by the government; and
D. Indoor tanning is safer than tanning outdoors because, in indoor tanning facilities,
the amount of ultraviolet light is monitored and controlled.
6. In truth and in fact:
A. Tanning, including indoor tanning, can increase the risk of skin cancer, including
basal cell, squamous cell, and melanoma skin cancers;
B. Tanning, including indoor tanning, poses danger;
C. Indoor tanning is not approved by the government; and
D. Indoor tanning is not safer than tanning outdoors because the amount of
ultraviolet light received when tanning indoors is not monitored and not
controlled sufficiently to prevent the health risks associated with ultraviolet
exposure.
Therefore, the representations set forth in paragraph 5 were, and are, false and misleading.
7. Through the means described in Paragraph 4, respondent has represented, expressly or by
implication, that it relied on a reasonable basis that substantiated the representations set forth in
Paragraph 5, at the time the representations were made.
8. In truth and in fact, respondent did not possess and rely upon a reasonable basis that
substantiated the representations set forth in Paragraph 5, at the time the representations were
made. Therefore, the representation set forth in paragraph 7 was, and is, false and misleading.
9. Through the means described in Paragraph 4, respondent bas represented, expressly or by
implication, that:
A. Research shows that vitamin D supplements may harm the body's ability to fight
disease;
B. A recent study in the prestigious Proceedings of the National Academy of
Sciences determined that the risks of not getting enough ultraviolet light far
outweigh the hypothetical risk of skin cancer, that getting a healthy tan produces
vitamin D, and that increased Vitamin D has been linked to significantly
decreasing your risk of contracting internal cancers, such as lung, kidney, or liver
cancer; and
C. Research has proven that vitamin D protects against heart disease.
10. In truth and in fact:
A. Research has not shown that vitamin D supplements may harm the body's ability
to fight disease;
B. The study in the Proceedings of the National Academy of Sciences referenced by
6
respondent did not determine that the risks of not getting enough ultraviolet light
far outweigh the hypothetical risk of skin cancer, that getting a healthy tan
produces vitamin D, or that increased vitamin D has been linked to significantly
decreasing the risk of contracting internal cancers, such as lung, kidney, or liver
cancer; and
C. Research has not proven that vitamin D protects against heart disease.
Therefore, the representations set forth in paragraph 9 were, and are, false and misleading.
11. Respondent has represented that tanning has health benefits and causes the skin to
generate Vitamin D. Respondent has failed to disclose that consumers can increase their
Vitamin D levels through ultraviolet exposure levels lower than the amount needed to get a tan,
and that the Food and Drug Administration requires that indoor tanning devices bear labels
disclosing that ultraviolet radiation can cause skin cancer and eye injury. These facts would be
material to consumers. The failure to disclose these facts, in light of the representation made,
was, and is, a deceptive practice.
12. Through the means described in Paragraph 4, respondent has provided to others the
means and instrumentalities to engage in deceptive acts or practices.
13. The acts and practices of respondent as alleged in this complaint constitute unfair or
deceptive acts or practices, and the making of false advertisements, in or affecting commerce in
violation of Section 5(a) and 12 of the Federal Trade Commission Act.
THEREFORE, the Federal Trade Commission this
2009, has issued this complaint against respondent.
By the Commission.
SEAL:
DonaldS. Clark
Secretary
7
day of
,
\

Recent research Indicates that the benefits of moderate exposure to sunlight outweigh
the hypothetical risks. Surprisingly, there Is no compelling scientific evidence that
tanning causes melanoma. Scientists have proven, however, that exposure to all
forms of ultraviolet light-both Indoors and out-stimulates the natural production of
vitamin D. And research has proven that vitamin D protects against heart disease and
many types of cancer, In addition to other important health benefits.
It's time to rethink sun bathing.
Find out more at
www.SunlightScam.com
A hTTIUghr 111yuu by lnd411r Tanning AsJuciation
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Exhibit A
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Ufe on our planet needs sunlight to survive. And humans
are no exception. Unlike plants and animals that daily
struggle to stay in the light, we actively work to avoid
the sun.
There are a lot of misconceptions about sunlight. After
hearing relentless campaigns telling us to lather on the
sunscreen, many Americans have been led to believe
that ultra violet (UV) light-whether It comes from the
sun or from a tanning salon-is something to be feared,
rather than cherished. Until now, hope for a balanced
message In the public debate on this Issue seemed to be
lost.
The reality Is that UV light provides us with countless
health benefits-both physiological and psychological.
Page I of I

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'
.

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'
}
..
.
And the rewards of "soaking up the sun" even outweigh the risks of overexposure. Though there are various
methods of getting the recommend amount, such as mowing the lawn or lying by the pool, safe,( moderate
tanning is the best way to maximize these benefits while minimizing any risks.
TrustTannlng.com is devoted to answering the most frequently asked questions about tanning and
debunking some of. the most
f) W08 TrllstTanning.cum
Exhibit B, p. l j
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http://www.trusttanning.com/ 1' 120DOQ
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"These data, together with those for Internal cancers
and the beneficial effects of an optimal vitamin D
status, Indicate that Increased sun exposure may
lead to Improved cancer prognosis and, possibly,
give more positive than adverse health effects. n
-Proceedings from the National Academies of Science
2008
Getting a regular amount of sunlight is healthy, whether
it's outdoors or in a sun bed. Moderate exposure to UV
light benefits people with vitamin D deOciency and makes
people feel good. However, a great deaf of misinformation
has been spread about the link between Melanoma and
any amount UV exposure.
The trutt,\ may surprise you:
Sunburns, not sun tans are linked to melanoma
Melanoma Is most common among those who work
Indoors, not outside
Melanoma appears most commonly on body parts not regularly exposed to sun
Page I of I
.
Safe, moderate exposure does not increase risk of melanoma skin cancer. And tanning Indoors is even safer,
because unlike exposure t o the sun, the environment Is controlled. In fact, the anti-cancer benefits of UV
exposure highlighted be recent studies far outweigh the risks associated with over-exposure.
Exhibit B, p. 2
htlp://www. trusnanning.com/skinCancerMisinformation.htm Il l JI:200Q
SCAM: Uetting a tan is dangerous - SunLightScam.com Page 1 of2
F.:QJsiJie
Sunscare
Scams About Tanning
.BJIDYb.f!CK
About Us
Get the Facts about Tanning
The Sun scam Industry has spent millions of dollars scaring Americans out of the sun in an effort to sell
more sunscreen. But before you believe the sunscreen companies, get the facts about UV light and
tanning.
Getting a tan is dangerous
Tanning has caused an epidemic of skin cancer
Every ray of UV li!!ht from a tanning bed increases your risk of contracting melanoma skin cancer
Tanning 5_ the_1;m1
There is no such thing as a responsible tan
You can get enough Vitan1in D throu!!h supplements or drinking milk
Tanning doesn't you from getting a bum on vaG_atiQn
Indoor tanning is more dangerous than tanning in the sun
Getting a tan is dangerous
fRJJf1i:
There is nothing dangerous about getting a tan. [n fact, your body needs ultraviolet light to live. And
now, new research is Lmlocking the secrets of vitamin D, which is naturally produced by skin when it is
exposed to sunlight or indoor tanning lights. Earlier this year the London Telegraph reported:
Last week, a report in the prestigious US journal Proceedings of the National Academy of
Sciences revealed that people with higher levels [of vitamin D] were more likely to survive
colon, breast and lung cancer. This follows last year's University of San Diego review of 40
years of research, which revealed that a daily dose could halve the risk of breast and bowel
cancer.
Other claims are that it reduces the risk of heart disease (a study of I 0,000 women in
California found that those who took supplements had a 31 per cent lower risk of dying
http://www .sunlightscam.com/scam l.html
Exhibit C, p. 1
1/13/2009
~ L A M Uettmg a tan ts dangerous - SunLightScam.com Page 2 of2
from it), diabetes (in a Finnish study of 12,000 children, it cut their chance of developing
Type A diabetes by 80 per cent), even colds and flu (New Yorkers who took vitamin D had
flu 70 per cent less often).
The Proceedings of the National Academy of Sciences study determined that the risks associated with
not getting enough sun far outweighed any hypothetical damage that might occur.
While a healthy tan poses no significant risks of damaging your skin, burning your skin can be
dangerous. For that reason, indoor tanning-where the amount ofUV light you receive is monitored- is
considered by many to be a safer alternative to tanning outdoors.
2008 The Indoor Tanning Association
Exhjbit C, p. 2
http://www.sunlightscam.com/scam l.html 1/13/2009
:)CAM: every ray of UV light from a tanning bed increases your risk of contracting mela... Page I of2

Suns(;are
Scams About TarU1ing
S.J9.l.'ib.ac.k
About Us
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of skin cance.r
Every ray of UV light from a tanning bed increases your risk of contracting melanoma skin
cancer
TgniJiPg .. s.t!n
There is no such thing as a responsible tan
You can grt_enough Vitamin D through supplements or c.!.ri.nlcing milk
Y.PM. g_burn
Indoor tanning is more dangerous than tanning in the sun
Every ray of UV light from a tanning bed increases your risk of contracting melanoma skin cancer
ftUlftl:
So careful sunbathing, with measured exposure to the sun, may actually reduce rather than increase the
risk of melanoma, reduce the overall risk of death from skin cancer, and improve survival for those who
develop melanoma.
- Dr. Oliver Gillie in the British Journal ofDennatology
The "C" word is scary. Nobody knows that more than the billion-dollar sunscreen industry, which has
systematically attempted to link sun exposure to cancer in an effort to deceptively scare people into
buying their products. But despite their best efforts to link tanning to melanoma, no clear link exists. In
fact, more than 18 separate peer-reviewed scientific studies jndicate that there is no link between tanning
indoors and melanoma.
That should put the debate about tanning and cancer to rest, but the sunscreen industry knows that the
fear of cancer is the dri ving force selling their product. As a result, they have taken to quietly funding
front groups with deceptive names like the Skin Cancer Fow1dation and the Sun Safety Alliance to keep
the myth of tanning and cancer planted in the minds of the media and, ultimately, their consumers.
Ironically, (may require login) indicates that sunscreen does nothing to protect
against contracting melanoma. The industry is effectively selling a problem in search of a solution that
http://www.sunlightscam.com/scam3.html
Exhibit C, p. 3
111 3/2009
:::>CALVI: every ray ot UV la ght trom a tanning bed increases your risk of contracting mela... Page 2 of2
they don't even have.
In the meantime, the law of unintended consequences reveals that the sunscreen industry's message of
UV abstinence may have backfired when it comes to preventing cancer.
A recent study in the prestigious Proceedings of the National Academy of Sciences determined that the
risks of not getting enough UV light far outweighed the hypothetically minute risk of skin cancer. That 's
because getting a healthy tan naturally produces vitamin D, which has been linked to significantly
decreasing your risk of contracting internal cancers like ltmg, kidney, or liver cancer.
While getting too much sun has been linked to some forms of cancer, indoor tanning is a government-
approved, controlled enviromnent designed to give you a tan without ever burning-which is the likely
culprit in contracting cancer from sun exposure.
The bottom line is clear: the risks of not getting enough vitamin D outweighs the hypothetical risks of
UV light exposure.
2008 The Indoor Tanning Association
Exhibit C, p. 4
http://www .sunlightscam.com/scam3 .html 1/ 13/2009
SCAM: indoor tanning is more dangerous than tanning in the sun- SunLightScam.com Page 1 of 1

Sunscare
Scams About.In..nning

About U.

Tf1.nn.io.g .c.cuJ.sc:..d.
Every rav of UV light from a tmming bed increases your contractinl:! melanoma skin cancer
Tannillg__beds are l .S_times stronger than the sun
ng such thing tan_
You can_gstl_enough Vitamin D through supplements or drinking milk
you from getting a bum on vacation
Indoor tanning is more dangerous than tanning in the sun
-s i\lf,.
.... . ltW -
Indoor tanning is more dangerous than tanning in the sun
fRtJftl:
Just the opposite is tme. Unlike tanning outdoors, indoor tanning is designed to match your skin type
and desi red tan in a well-regulated, controlled environment. Consequently, the vast bulk of scientific
research indicates that indoor tanning is a safer alternative to tanning outdoors.
2008 The Indoor Tanning Association
Exhibit C, p. 5
http:// www.sunlightscam.com/scam8.html 1113/2009
The fear of getting a tan has gone too far. Dermatologists with the sunscreen and
cosmetic industries are trying to scare us away from the sun. But tanning produces
vitamin D, and research shows vitamin D may fight heart disease, breast cancer, stroke,
and osteoporosis. So go get a tan, your body \vill thank you.
(on screen: Vitamin D Fights Heart Disease Breast Cancer Stroke Osteoporosis]
Bought to you by The Indoor Tanning Association.
- Exhibit Dl, Transcript, television and website advertisement
[on screen: www.SunLightScam.com]
The fear of getting a tan has gone too far. Dermatologists with the sunscreen and
cosmetic industries are trying to scare us away from the sun. But tanning produces
vitamin D, and research shows vitamin D may fight heart disease, breast cancer, stroke,
and osteoporosis. So go get a tan, your body will thank you.
[on screen: www.SunLightScam.com]
[on screen: Vitamin D Fights Heart Disease Breast Cancer Stroke Osteoporosis]
Bought to you by The Indoor Tanning Association.
-Exhibit D2, Transcript, television and website advertisement
!
Exhibit E
... :- ......
Exhibit F, p. l
AN EFFECTIVE COMMUNICATIONS STRATEGY IS ESSENTIAL
FOR ANY BUSINESS OR ;NON-PROFlT ADVOCACY GROUP. In
f ' . ....... . : ....
a world where there is an infinite amount of information com-
peting for the limited attention of consumers, it Is increasingly
important to ~ p l o y a messaging campaign that can cut
through the clutter and reach your intended target.
It is frequently assumed that to do this you need a multi-million
dollar advertising budget. However, with solid research, new
or underreported facts, a creative or controversial advertising
campaign, and a coordinated media strategy, there are inex-
pensive ways to ensure that the public hears and Is influenced
by your message.
By practicing what you find in this book, you will be able to
more effectively communicate your message, build your image,
and motivate desired behavior.
i
0
2
Exhibit F, p. 2
, 1.., .,... .
ARGUMENT 1-
VITAMIN D IS GOOD (VITAMIN 0 IS THE "SUNSHINE VITAMIN"):
According to a Harvard University study published in the New England
Journal of Medicine, 60% of Americans are vitamif! D deficient.
Vitamin D deficiency is associated with an increased risk of colon,
prostate, and breast cancer and Is shown to ward off heart disease,
MS, and other chronic health problems.
Recent research shows that the benefits associated with vitamin 0
any potential risks associated with exposure to UV light.
Doctors estimate that there are over one billion people worldwide . ,
risk of vitamin 0 deficiency, with 30-50% of children and adults In the
('United States at high risk for this dangerous condition.
Vitamin 0 Is also linked to many common wintertime complaints such
as fatigue, depression, and aches and pains.
It Is impossible to get the requisite amount of vitamin D In cities north
of 37 degrees for as many as 6 months out of the year. That includes
cities like Richmond, VA, St. louis, MO, Sacramento, CA, and those
further north.
Vitamin D isn't like other vitamins that you can easily ingest as part
of your diet. It is best absorbed through the skin from exposure to UV
light. New research indicates that supplement-based vitamin D, as
opposed to vitamin D naturally produced through exposure to UV light,
may actually harm the body's ability to fight disease.
African Americans are particularly susceptible to vitamin 0 deficiency
because increased levels of skin pigment inhibit the body's natural
ability to produce vitamin D.
Exhibit F, p. 3
ARGUMENT 3-
TANNING IN MODERATION IS BENEFICIAL:
Tanning in moderation makes people look aod feel better.
1
Moderate exposure to UV light benefits people concerned about
vitamin D deficiency and has proven to boost .immunity to certain
diseases.
Indoor tanning in moderation is safer than exposure to the sun,
because the environment is controlled.
Unlike the sun, tanning indoors is well regulated and approved by
the government. When used moderately and responsibly, tanning se!Y
sions are designed to prevent burning.
Exhibit F, p. 4
Enjoy the sun on doctor's orders
Solar rays can help protect against some cancers and
heart disease; say scientists
-The Guardian, January 8, 2008
As Vitamins Go, D, You Are My ..
just 20 minutes of sun exposure without sunscreen
._ enables the skin to produce 20,000 IU of vitamin D _
' -The Washington Post. September 18 . 2007
;unshin; mor; it causes;
Sunshine has a protective effect overall because
it helps to create vitamin D
-New Scientist. January 12, 2008
c
'
The so-called vitamin is poised to
become the nutrient of the decade ..
" . . : .
" -The New York Tiines, FeblWll}r J 9, 2008
-. ....
- . _ , - .. . .... ... ...i ";
Studies shed light on 'sunshine vitamin'
Americans typically get more than 90 percent of their vitamin D from
the source that nature intended--the sun ...
-The Oakland Tribune, January 22, 2008
Time to rethink sun tanning?
For.more information visit www.TrustTanning.com
Dermatologists and the sunscreen industry have spent millions on a deceptive cam-
paign to scare Americans away from the sun. Now the tide of research is turning the
other direction. The positive effects of getting vitamin D from sunlight are clear. So
soak up a little sunlight-indoors or our-a couple of times each week, and get your
recommended dose of the "sunshine vitamin."

Exhibit G
P:Ucllor by chc Indoor Tanning
UNITED STATES OF Al\ffiRICA
FEDERAL TRADE COMMISSION
In the Matter of )
)
INDOOR TANNING ASSOCIATION, )
a corporation. )
File No. 082-3159
AGREEMENT CONTAINING
CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain acts and
practices of Indoor Tanning Association ("proposed respondent"). Proposed respondent, having
been represented by counsel, is willing to enter into an agreement containing a consent order
resolving the allegations contained in the attached draft complaint. Therefore,
IT IS HEREBY AGREED by and between Indoor Tanning Association and counsel for
the Federal Trade Commission that:
1. Proposed respondent Indoor Tanning Association is a Massachusetts corporation with its
principal office or place of business at 2025 M Street, N.W., Washington, D.C. 20036.
2. Proposed respondent admits all the facts set forth in the draft complaint.
v. l" :, }.
3. Proposed respondent waives:
A. Any further procedural steps;
B. The requirement that the Commission's decision contain a statement offmdings
of fact and conclusions of law; and
C. All rights to seek judicial review or otherwise to challenge or contest the validity
of the order entered pursuant to this agreement.
4. This agreement shall not become part of the public record of the proceeding unless and
until it is accepted by the Conunission. If this agreement is accepted by the Conunission, it,
together with the draft complaint, will be placed on the public record for a period of thirty (30)
days and information about it publicly released. The Commission thereafter may either
withdraw its acceptance of this agreement and so notify proposed respondent, in which event it
will tal<e such action as it may consider appropriate, or issue and serve its complaint (in such
fom1 as the circumstances may require) and decision in disposition of the proceeding.
Page 1 of 8
5. This agreement is for settlement purposes only and does not constitute an admission by
proposed respondent that the law has been violated as alleged in the draft complaint, or that the
facts as alleged in the draft complaint, other than the jurisdictional facts, are true.
6. This agreement contemplates that, if it is accepted by the Commission, and if such
acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of
Section 2.34 ofthe Commission's Rules, the Commission may, without further notice to
proposed respondent, (I) issue its complaint corresponding in form and substance with the
attached draft complaint and its decision containing the following order in disposition of the
proceeding, and (2) make information about it public. When so entered, the order shall have the
same force and effect and may be altered, modified, or set aside in the same manner and within
the same time provided by statute for other orders. The order shall become fmal upon service.
Delivery of the complaint and the decision and order to proposed respondent's address as stated
in this agreement by any means specified in Section 4.4(a) of the Commission's Rules shall
constitute service. Proposed respondent waives any right it may have to any other manner of
service. The complaint may be used in construing the terms of the order, and no agreement,
understanding, representation, or interpretation not contained in the order or the agreement may
be used to vary or contradict the terms of the order.
7. Proposed respondent has read the draft complaint and consent order. It understands that
it may be liable for civil penalties in the amount provided by law and other appropriate relief for
each violation of the order after it becomes final.
ORDER
DEFINITIONs' . '
For the purposes of this order, the following definitions shall apply:
1. Unless otherwise specified, "respondent" shall mean the Indoor Tatming
Association, its successors and assigns and their officers, and each ofthe above's
agents, representatives, and employees.
2. "Competent and reliable scientific evidence" shall mean tests, analyses, research,
studies, or other evidence based on the expertise of professionals in the relevant
area, that has been conducted and evaluated in an objective manner by persons
qualified to do so, using procedures generally accepted in the profession to yield
accurate and reliable results.
3. "Covered product or service" shall mean any ultraviolet lamp or sunlan1p product,
as defined in 21 C.F.R. 1 040.20; and any commercial facility where conswners
may use ultraviolet lamps or sw1lamp products.
4. "Equally disclose(s)" shall mean that the disclosure is presented through the same
Page 2 of 8
means (that is, aural, visual, or both) and manner, and with the same prominence
(for example, volume, font size and contrast against background, and duration) as
the triggering representation, and inunediately adjacent to that representation (in
tem1s of both time and location). Nothing contrary to, inconsistent with, or in
mitigation of the disclosure shall be used in any advertisement, promotional
material, instructional manual, package, or label.
5. "Commerce" shall mean as defined in Section 4 of the Federal Trade Commission
Act, 15 U.S.C. 44.
I.
IT IS HEREBY ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not represent, in any manner,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, that:
A. Tanning, including indoor tanning, does not increase the risk of skin cancer;
B. Tanning, including indoor tanning, poses no danger;
C. Indoor tanning is approve9 by the govenunent; and
D. Indoor tanning is safer than tanning outdoors because in indoor tanning facilities,
the amount of ultraviolet light is monitored and controlled .
.. \" ....
II.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting conunerce, shall not misrepresent, in any manner,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, that:
A. Research shows that vitamin D supplements may harm the body's ability to fight
disease;
B. A study in the Proceedings of the National Academy of Sciences detem1ined that
sun exposure does not cause skin cancer or melanoma; that getting a tan is
healthy; that the risks of not getting enough UV light far outweigh the risk of skin
cancer; and that Vitamin D has been linked to significantly decreasing the risk of
contracting lung, kidney, or liver cancer; and
C. Research has proven that vitamin D protects against heart disease.
Page 3 of 8
III.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not make any representation,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, about the safety, efficacy, performance, or health-related risks or
benefits of any covered product or service, or about the sources, performance, efficacy, or
health-related risks or benefits of vitamin D, unless the representation is true, non-misleading,
and, at the time it is made, respondent possesses and relies upon competent and reliable scientific
evidence that substantiates the representation.
IV.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not misrepresent, in any manner,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, the existence, contents, validity, results, conclusions, or interpretations
of any test, study, survey, or research.
v.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not mal<e any representation, in any
manner, expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, about the benefits or safety of any covered product or service unless it
equally discloses the following:
NOTICE: Read the mandatory Food and Drug Administration warning found on every
indoor tanning device for information about the risk of serious eye injury and skin
cancer.
Provided that, in lieu of the above, in the event that advertising for any covered product or
service makes any representation, expressly or by implication, including through the use of a
product name, endorsement, depiction, or illustration, about the effectiveness, usefulness,
appropriateness, or safety of such product for generation of vitamin D, the required disclosure
shall be as follows:
Page 4 of 8
NOTICE: You do not need to become tan for your skin to make vitamin D. Read the
mandatory Food and Drug Administration warning found on every indoor tanning device
for information about the risk of serious eye injury and skin cancer.
VI.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or atiecting conunerce, shall not provide to any other person or
entity any means or instrumentalities that contain any representation or omission prohibited by
this order. For the purposes of this Part, "means or instrumentalities" shall mean any
information, including but not necessarily limited to any advertising, labeling, conununications
guides, or other promotional material.
Vll.
IT IS FURTHER ORDERED that Indoor Tanning Association and its successors and
assigns, shall send as soon as practicable, but in no event later than thirty (30) days after entry of
this Order, by first-class mail, postage prepaid and return receipt requested, an exact copy of the
notice attached hereto as Attachment A, showing the date of mailing, to all ITA members and all
other entities to which ITA provided point-of-sale advertising on or after January 1, 2008. The
notice required by this paragraph shall not include any other document or enclosures and may be
sent to the principal place of business of each entity.
VIII.
IT IS FURTHER ORDERED that for a period offive (5) years after the last date of
dissemination of any representation covered by this order, respondent Indoor Tanning
Association and its successors and assigns shall maintain and upon request mal(e available to the
Federal Trade Commission for inspection and copying:
A. All advertisements and promotional matetials containing the representation;
B. All materials that were relied upon in disseminating the representation; and
C. All tests, reports, studies, demonstrations, or other evidence in its possession or
control that contradict, qualify, or call into question such representation, or the
basis relied upon for the representation, including complaints and other
communications with consumers or with governmental or consumer protection
organizations.
Page 5 of 8
IX.
IT IS FURTHER ORDERED that respondent Indoor Tanning Association and its
successors and assigns shall deliver a copy of this order to all current and future principals,
officers, directors, and other employees with managerial authority having responsibilities with
respect to the subject matter of this order, and shall secure from each such person a signed and
dated statement acknowledging receipt of the order. Respondent shall deliver this order to
current persmmel within thirty (30) days after the date of service of this order, and to future
personnel within thirty (30) days after the person assumes such position or responsibilities.
X.
IT IS FURTHER ORDERED that respondent Indoor Tanning Association and its
successors and assigns shall notify the Commission at least thirty (30) days prior to any change
in the corporation that may affect compliance obligations arising under this order, including but
not limited to a dissolution, assignment, sale, merger, or other action that would result in the
emergence of a successor corporation; the creation or dissolution of a subsidiary, parent, or
affiliate that engages in any acts or practices subject to this order; the proposed filing of a
bankruptcy petition; or a change in the corporate name or address. Provided, however, that, with
respect to any proposed change in the corporation about which respondent learns less than thirty
(30) days prior to the date such action is to take place, respondent shall notify the Commission as
soon as is practicable after obtaining such knowledge. All notices required by this Part shall be
sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer i
Protection, Federal Trade Commission, Washington, D.C. 20580.
XI.
IT IS FURTHER ORDERED that respondent Indoor Tanning Association and its
successors and assigns shall, within sixty ( 60) days after the date of service of this order file with
the Commission a true and accurate report, in writing, setting forth in detail the manner and form
in which respondent has complied with this order. Within ten (1 0) days of receipt of written
notice from a representative of the Commission, respondent shall submit additional true and
accurate written reports.
Page 6 of 8
XII.
This order will terminate twenty (20) years from the date of its issuance, or twenty (20)
years from the most recent date that the United States or the Federal Trade Conunission files a
complaint (with or without an accompanying consent decree) in federal court alleging any
violation of the order, whichever comes later; provided, however, that the filing of such a
complaint will not affect the duration of:
A. Any Paragraph in this order that terminates in less than twenty (20) years; and
B. Tbis order's application to any respondent that is not named as a defendant in
such complaint; and
C. This order if such complaint is filed after the order has terminated pursuant to this
Paragraph.
Signed this_ day of _____ , 2009.
APPROVED:
Mary K. Engle
Associate Director
Division of Advertising Practices
David Vladeck
Director
Bureau of Consumer Protection
INDOOR TANNING ASSOCIATION
By: _______________ _
[ADD NAME]
(ADD OFFICE]
FEDERAL TRADE COMMISSION
By: _________ __
Janet M. Evans
Division of Advertising Practices
Page 7 of 8
ATTACHMENT A
[ON INDOOR TANNING ASSOCIATION LETTERHEAD]
IMPORTANT NOTICE ABOUT GOVERNMENT ACTION
[insert addressee name]
[insert addressee address]
Dear ITA Member or Affiliate:
In a recent lawsuit, the Federal Trade Commission (FTC) charged the Indoor Tanning
Association (IT A) with making misleading representations in its advertising and marketing for
indoor tanning. Among other things, the FTC alleged that IT A falsely claimed that indoor
tanning poses no risk to health, including no risk of skin cancer. In addition, the FTC alleged
than when ITA represented that indoor tanning caused the skin to generate vitamin D, ITA failed
to disclose material facts about the risks of indoor tanning. ITA has agreed to send this
notification to you as part of its settlement with the FTC.
IT A hereby requests that you immediately cease using all advertising and marketing
materials previously provided by to you by IT A. Among the materials you should no longer use
are all of the materials contained on the CD-ROM issued in 2008, including the following:
A.
B.
c.
D.
The "Melanoma Hype" print ad
The "Overdose of Hysteria" video
The "Communications: The Basics" guide and
The print ad with the tag line, "Time to rethink sun tanning?"
The FTC complaint alleges that these ads contain representations that are false and/or
misleading.
For further information about the FTC's complaint and order, go to www.ftc.!!ov and
search "Indoor Taruling Association."
Very truly yours,
John Overstreet
Executive Director
Page 8 of 8
Bureau of Consumer Protection
Division of Advertising Practices
Janet M. Evans
Attorney
(201) 326-2125
Dan Mcinnis
UNITED STATES OF AMERICA
FEDERAL TRADE COiv.IMISSION
WASHINGTON, D.C. 20580
July 30, 2009
Akin Gump Strauss Hauer & Feld LLP
1333 New Hampshire Ave., N.W.
Washington, D.C. 20036
Re: Indoor Tanning Association, Matter No. 082-3159
Dear Dan:
of the Indoor Tannin Association
As promised, I reviewed Nat 'I Comm. on Egg Nuhition v. F.TC., 570 F.2d 157 (1977),
enforced as mod(fied, 570 F.2d 164 (7
111
Cir.l978) ("NCEN'). You suggested that this case supported
the proposition that "some penumbra of free speech applies" to statements on health issues, such that
ITA should not be required to make the affirmative disclosures set forth in Part V of the order we
have provided to IT A. In fact, NCEN makes clear that deceptive advertising by a non-profit
organization is actionable under the FTC Act. 570 F.2d at 162.
It would not be appropriate to replace the affirmative disclosures in Part V of the proposed
ITA order with a statement akin to the one required in Part IV of the NCEN order. The court's
discussion relating to the "required additional statement" in Part IV of the NCEN order delineates the
extent to which NCEN was required to engage in cmTective advertising if it made further
representations about the relationship of dietary cholesterol to hemi disease. Jd. at 164. The remedy
provided in Part V of the proposed ITA order is not corrective advertising, but rather, information
that will be essential to reduce the likelihood that deception will arise from any future claims about
the benefits of indoor tanning. Further, the NCEN statement was based on the evidence at hand in
that case, at that time. Here, the evidence does not support the conclusion that a significant body of
medical experts is of the opinion that indoor tanning is a safe and approptiate way to obtain Vitamin
0, particularly given this week's Lancet Oncology publication, which I assume you have seen.
I look forward to hearing from you, so we can start moving forward.
Division of Advertising Practices
Robert T. Wagner
Chief Executive Officer
AEGIS Regulatory, Inc.
1131 Anthem View Lane
Knoxville, TN 3911
Dear Mr. Wagner,
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
February 18, 2010
Thank you for your letter, dated February 4, 2010, regarding advertising for indoor
tanning. You commend the Commission's action against the Indoor Tarrning Association. You
request that, in addition, the Commission take action to address advertising about vitamin D by
International Smart Tan Network, Inc.
The Federal Trade Commission has been directed by Congress to act in the interest of all
consumers to prevent deceptive or unfair acts or practices, pursuant to the Federal Trade
Commission Act, 15 U.S.C. 41-58. In interpreting Section 5 of that statute, 15 U.S.C. 45,
the Commission has determined that a representation, omission, or practice is deceptive if (1) it
is likely to mislead consumers acting reasonably under the circumstances; and (2) it is material;
that is, likely to affect consumers' conduct or decisions with respect to the product at issue.
1
In a
statute that became effective in August 1994, Congress amended Section 5 of the FTC Act to
provide that an act or practice is unfair if the injury to consumers it causes or is likely to cause
(I) is substantial; (2) is not outweighed by countervailing benefits to consumers or to
competition; and (3) is not reasonably avoidable by consumers themselves.
2
1
Stouffer Foods Corp., 118F.T.C. 746, 798(1994);Krafl, Inc. , 114F.T.C.40, 120
( 1991), affirmed and enforced, 970 F.2d 311 (7th Cir. 1992), cert. Denied, 113 S. Ct. 1254
(1993); Removatron lnt 'I Corp., 111 F.T.C. 206, 308-09 (1988), citing, e.g.. Southwest Sunsites,
Inc. V FTC, 785 F.2d 1431, 1436 (9'h Cir.), cert. Denied, 107 S. Ct. 109 (1986); International
Harvester Co., 104 F.T.C. 949, 1056 ( 1984); Cliffdale Associates, Inc., 103 F.T.C. 110, 164-65
( 1984); see generally Federal Trade Commission Policy Statement on Deception, appended to
CliffdaleAssocs., 103 F.T.C. at 174-83.
2
Section 5(n) of the FTC Act, 15 U.S.C. 45(n), added by The Federal Trade
Commission Act Amendments of 1994, Pub. L. No. 103-312. The Commission previously relied
on similar criteria to define the scope of its authority to prohibit unfair acts or practices pursuant
to Section 5(a) of the FTC Act. See, e.g. , Orkin Exterminating Co., Inc. , 108 F.T.C. 263, 362
(1986); International Harvester Co., 104 F.T.C. at 1061; see generally Federal Trade
Robert Wagner
page 2
In determining whether to take enforcement or other action in any particular situation, the
Commission may consider a number of factors, including the type of violation alleged; the
nature and amount of consumer injury at issue and the number of consumers affected; and the
likelihood of preventing future unlawful conduct and securing redress or other relief. As a
matter of policy, Commission investigations are nonpubl ic. However, letters from the public
provide valuable information that is frequently used to develop or support Commission
enforcement initiatives.
[ appreciate your interest in this matter, and [hope that you wi ll find the above
information helpful.
Commission Policy Statement on Unfairness, appended to International Harvester Co., 104
F.T.C. at 1070-76.
2
r\KIN (lUMP
STH ;\USS HAUER & FELDt.t.P
-------- Attorneys at Law
June 24, 2009
PURSUANT TO SETTLEMENT NEGOTIATIONS
VIA ELECTRONIC MAIL
Ms. Janet M. Evans
Division of Advertising Practices
Federal Trade Commission
600 Pennsylvania Avenue, NW
Mail Drop S-4002.
Washington, DC 20580
Re: Indoor Tanning Association, Inc., File No. 082-3159
Dear Janet:
DANIEL F. MCINNIS
202.887.4359/fax: 202.955.7776
dmcinnis@akingump.com
I have received your letter, dated June 22, 2009, in which you informed me that the
Federal Trade Commission staff has recommended that the FTC initiate an action against my
client the Indoor Tanning Association, a non-profit trade association that promotes responsible
sun care and sun burn prevention. You furthered asked that the ITA respond by no later than July
2, 2009, about whether the ITA would be willing to engage in discussions concerning the scope
of a possible settlement.
While I understand your desire for a quick resolution and I am generally always willing
to discuss the possibility of an appropriate resolution, your proposed time table is unworkable.
(b)(3):6(f),(b)(4)
While we respect the FTC's need to have reasonable time constraints in matters, we have
ou for over six months after we at our su estion, voluntarily met with you to
RobertS. Strauss Building /1333 New Hampshire Avenue. N.W. I Washington. D.C. 20036-1564/ 202.887.4000 I fax: 202.887.4288/ akingump.com
.\K I :'\
S T I L \ l . S S II . \ l . E H L J) 11 I'
------.... ,.,...ow-,.. ,. ,,...
Janet Evans
June 24, 2009
Page 2
Given our past cooperation and the ITA's need to make an informed decision, to be safe, I
ask that you agree to a "response" date of August 14, 2009. Of course, if the Board decides to
move forward with settlement talks earlier, we would do so.
Best regards,

....
Daniel F. Mcinnis
Bureau of Consumer Protection
Division of Advertising Practices
Janet M. Evans
Attorney
(202) 326-2125
Dan Mcinnis
UN frED STATES OF AMERlCA
FEDERAL TRADE COMMISSION
WASHINGTON. D.C. 20580
August 27, 2009
Akin Gump Strauss Hauer & Feld LLP
1333 New Hampshire Ave., N.W.
Washington, D.C. 20036
Re: Indoor Tanning Association, Matter No. 082-3159
Dear Dan:
I have received your letter of August 21, 2009, wherein you state that, "if a consent
decree is to be negotiated, the proposed decree "must not place any limitations on statements
regarding health benefits." Given that the case challenges the Indoor Tanning Association's
many unsubstantiated and false representations regarding the health risks and benefits of indoor
tanning and ultraviolet radiation, this suggestion is a nonstarter. Further, this position appears to
be wholly inconsistent with our conversation of July 24, 2009, when you suggested that an
appropriate order would model that entered in Nat 'I Comm. on Egg Nutrition v. F. T C , 570 F.2d
157 ( 1977), enforced as modified, 570 F .2d 164 (7th Cir. 1 978) ("NCEN '). The NCEN order, of
course, prohibited deceptive health claims.
In our letter of June 22, 2009, we provided you with a proposed order, and advised you
that we had on1y a limited time for this process. I specifically advised you on the telephone that
the staff would forward a recommendation to the Bureau in mid-September. Despite the fact
that more than two months have passed, you have never submitted a counteroffer to the proposed
order we provided on June 22. I recommend that ITA provide us with a redline order promptly,
if IT A wants to engage in actual negotiations.
To reiterate, if we have not received an acceptable signed agreement with ITA by mid-
September, we will forward a complaint recommendation.
AK I N GUMP
STRAU S S HAUER & FE LDL LP
-------- Attorneys at Law
VIA HAND DELIVERY
Mr. David C. Vladeck
Director
Bureau of Consumer Protections
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, D.C. 20580
Ocotber 2, 2009
Re: Indoor Tanning Association, Inc. File No. 082-3159
Dear Mr. VJadeck:
DANIEL F. MCINNIS
202.887.43591fax: 202.887.4288
dmcinnis@akingump.com
This Fi rm, along wi th Carr Maloney P. C., represents the Indoor Tanning Association ("ITA") in
the above-referenced matter. lTA is a non-profit trade association engaged in research and
education efforts to promote responsible tanning.
Last week, we were into m1ed by Janet Evans of the Divi sion of Advertising Practices that she
had recommended to you that the Commission pursue litigation against ITA. The basi s of the
proposed lawsuit would be statem made as pa1i of ITA's ublic polic cam
Spring of 2008. (b)(3):6(f},(b)(4) (3):6(f},(b)(4)
(b)(3):6(f},(b)(4)
Ms. Evans, at the same time, informed us-for the first time- that she also was recommending
that the Commission action include as a respondent JTA's Executive Director, John Overstreet.
She also asked us to inform her as soon as possibl e whom would be representing Mr. Overstreet
in this matter.
On behalf of ITA, we ask that ITA be given the traditional courtesy and oppmtunity to meet with
you so we can demo ate why this matter sho e closed with no further fonnal action. (b)
(b)(3):21 (f) (b)(3):21 (f) (b)(3):21 (f) (b)(3):21 (f)
More importantly, Mr. Overstreet remains in the process of detennining who will represent him
in this matter. Moreover, if Mr. Overstreet retai ns separate counsel, we assume his counsel
would need at least some short period of time to tamilia1ize themselves with the matter.
Robert S. Strauss Buildi ng 11333 New Hampshire Avenue, N.W. I Washington, D. C. 200361564 I 202.887.4000 I fax: 202.887.4288 I www.akingump.com
8 0 2 1 2 0 0 0 ~ EAST 82 1484.1 v2
AK I N GUMP
T RAUSS 1-J f\UER & FELOL LP
------ Anorneys at ~ w
Mr. David C. Vladeck
Ocotber 2. 2009
Page 2
Accordingly, we are unable to propose a time to meet at thi s time and respectfull y ask for your
patience as we work through these issues. l.n the meantime, ITA is not commercial enterprise. It
sells nothing to the public. It advertises nothing for sale to the public. It does not operate in the
commercial marketplace. h received no concrett: benefi ts from the public, tinancial or
otherwi se, through its public policy campaign. and the FTC Staff's proposed complaint seeks no
consumer remedies. There is no risk that any further passage of time will make ITA judgment-
proof. Given these circumstances, we hope you agree that we can pencil in a fut ure meeting but
not set a date at this time.
Thank you for your consideration.
cc:
M.Engle/
J. Evnns
1
0802 12 ()()().1 EAST S2 1-l8t3 v2
Sincerely,
(j/ l.___--
Daniel Fenel Mcinnis
AKIN GU MP
STRAUSS HAUER & FELDLLP
-------- Attorneys at Law
August 21 , 2009
DANIEL F. MCINNIS
202.887. 4359/fax: 202.887. 4288
dmcinnis@akingump.com
PURSUANT TO SETTLEMENT NEGOTIATIONS
VIA ELECTRONIC MAIL AND U.S. MAIL
Ms. Janet M. Evans
Division of Advertising Practices
Federal Trade Commission
600 Pennsylvania Avenue, NW
Mail Drop S-4002.
Washington, DC 20580
Re: Indoor Tanning Association, Inc.
File No. 082-3159
Dear Janet:
I write on behalf of the Indoor Tanning Association to continue our dialogue about a possible
resolution of your investigation of ITA' s public policy campaign that touted the health benefits of
sunlight.
As you know, in the spring of2008, ITA, a non-profit trade association engaged in research and
education efforts to promote responsible tanning, launched a public policy

I
(b )(3):6(f),(b )(4)
(b)(3):6(f),(b)(4) !The campaign sparked
wide spread media interest and resulted in a robust public debate in which all sides of the issue,
including dermatologists, health care professionals, and scientists, participated.
(b)(3):6(f),(b)(4)
Robert S. Strauss Building /1333 New Hampshire Avenue, N.W. I Washington. D.C. 20036-1564 I 202.887.4000 I tax: 202.887.4288 I www.akingump.com
AK I N GUMP
S TRA US S HA UE H & FELDL t. l'
------ Attor"eysat law
Ms. Janet M. Evans
August 21, 2009
Page 2
(b )(3 ):6(f)' (b )(6)
While ITA is willing to continue a dialogue about a possible resolution, ITA will not surrender its
rights to engage in public speech over sunlight benefits. According, if a consent decree is to be
negotiated, the proposed decree must not place any limitations on statements regarding health
benefits.
Please let me know if you will agree to proceed in this fashion.
Best regards.
r J / ~ l __ ..::::.
Daniel F. Mcinnis
AKIN GUMP
STRAUSS HAUER & FELOLLP
-------- Attorneys at Law
December 3, 2009
BY HAND DELI VERY
Chairman & Commissioner Jon Leibowitz
Commissioner Pamela Jones Harbour
Commissioner William E. Kovacic
Commissioner J. Thomas Rosch
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, D. C. 20580
Re: Indoor Tanning Association, Inc. File .No. 082-3159
Dear Commissioners:
DANIEL F. MCINNIS
202.887.43591fax: 202.887.4288
dmcinnis@akingump .com
CONFI DENTIAL
This Finn, along with Crowell & Moting, represent the Indoor Tanning Association
(IT A), a non-profit trade association that advocates for safe, moderate tanning. On behalf of
IT A, we thank you for the oppor1unity to meet, and your consideration of IT A's positions and
concems about the FTC Staffs proposed complaint and order against IT A and its sole employee,
John Overstreet. As we discussed, we believe that this matter implicates important policy issues
concerning health policy and scientific advocacy, and it can and should be resolved.
(b)(3):6(f),(b)(4)
Robert S. Strauss Bu1ldmg 11333 New Hampsh1re Avenue. N.W. I Washmgton. D.C. 20036 1564 /202.887.4000 I fax: 202.887.4288 I www.akingump.com
t\KIN GUMP
STRAUSS H AUER & FELDL LP
------Attorneys a1 Law
December 3, 2009
Page 2
(b)(3):6(f),(b)(4)
rn hopes of reaching a resolution without litigation, IT A is preparing a counterproposal to
FTC Staff based on its principles, described above. However, on Tuesday, FTC Staff told us that
we only have a few days to negotiate or the Commission will vote out the proposed complaint.
We do not believe that timeframe is reasonable The issues presented here are complex and will
require consultation with 1T A' s Board of Directors over the specific terms to enable us to present
a workable counterproposal. We, however, do want to move this process along, and ITA
commits to providing the Staff with a written counterproposal within two weeks.
Therefore, we renew our request that the Commission send this matter back to the Staff
with instructions to seek a negotiated resolution that accommodates ITA' s legitimate interest in
continuing the scientific debate. At a minimum, we respectfully request that the Commission not
vote on the Staff recommendation until IT A has a reasonable time to make a counterproposal in
light of the recent meetings, which we will do by December 18.
Please do not hesitate to contact us if you have any further questions. Thank you for your
consideration of this matter.
cc: Debbie Matties
Tawana Davis
Marc Wine1man
Carolyn L. Hann
David Vladeck
Michael Atleson
Mary Engle
Heather Hippsley
Janet Evans
Sincerely,
1/L/11' !l __
Da}1Iel Ferrel Mcinnis
Andrea T. Vavonese
Counsel for the Indoor Tanning Association
Wm. Randolph Smith, Crowell & Moring LLP
Bridget E. Calhoun, Crowell & Moring LLP
lfNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
VlA E-MAIL
Daniel F. Mcinnis, Esq.
Akin Gump Strauss Hauer & Feld, LLP
1333 New Hampshire Ave., N.W.
Washington, D.C. 20036
Dear Mr. Mcinnis:
May 21,2008
I am writing in response to your request for an extension of time to respond to the
Commission's May 12,2008 Civil Investigative Demand ("CID") to the Indoor Tanning
Association, Inc. I hereby grant you an extension of time to respond to the CID, including the
time to file a motion to quash, until no later than June 19, 2008.
Very truly yours,
i k ~ ~ ~ ~
MaryUngle (j
Associate Director
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHfNGTON, D.C. 20580
VIA E-MAJL
Daniel F. Mcinnis, Esq.
Akin Gump Strauss Hauer & Feld, LLP
1333 New Hampshire Ave., N.W.
Washington, D.C. 20036
Dear Mr. Mcinnis:
June 4, 2008
I am writing in response to your request for an extension of time to respond to the
Commission' s May 12, 2008 Civil Investigative Demand ("CID") to the Indoor Tanning
Association, Inc. I hereby grant you an extension of time to respond to paragraphs l and 2 ofthe
Specifications for Documents and Things portion of the CID until June 30, 2008. The remaining
documents, things and interrogatory responses specified by the CID, shall be produced on or
before July 10,2008.
Very truly yours,
) ~ ~ ~
Associate Director
CONFIDENTIAL PROPOSAL 12/14/09
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of )
)
INDOOR TANNING ASSOCIATION, )
a corporation. )
File No. 082-3159
AGREEMENT CONTAINING
CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain acts and
practices of Indoor Tanning Association ("proposed respondent"). Proposed respondent, having
been represented by counsel, is willing to enter into an agreement containing a consent order
resolving the allegations contained in the attached draft complaint. Therefore,
IT IS HEREBY AGREED by and between Indoor Tanning Association and counsel for
the Federal Trade Commission that:
1. Proposed respondent Indoor Tanning Association is a Massachusetts corporation with its
principal office or place of business at 2025 M Street, N.W., Washington, D.C. 20036.
2. Proposed respondent admits all the jurisdictional facts set forth in the draft complaint.
3. Proposed respondent waives:
A. Any further procedural steps;
B. The requirement that the Commission's decision contain a statement of findings
of fact and conclusions of law; and
C. All rights to seek judicial review or otherwise to challenge or contest the validity
of the order entered pursuant to this agreement.
4. This agreement shall not become part of the public record of the proceeding unless and
until it is accepted by the Commission. If this agreement is accepted by the Commission, it,
together with the draft complaint, will be placed on the public record for a period of thirty (30)
days and information about it publicly released. The Commission thereafter may either
withdraw its acceptance of this agreement and so notify proposed respondent, in which event it
will take such action as it may consider appropriate, or issue and serve its complaint (in such
form as the circumstances may require) and decision in disposition of the proceeding.
Page 1 of 10
5. This agreement is for settlement purposes only and does not constitute an admission by
proposed respondent that the law has been violated as alleged in the draft complaint, or that the
facts as alleged in the draft complaint, other than the jurisdictional facts, are true.
6. This agreement contemplates that, if it is accepted by the Commission, and if such
acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of
Section 2.34 ofthe Commission's Rules, the Commission may, without further notice to
proposed respondent, ( 1) issue its complaint corresponding in form and substance with the
attached draft complaint and its decision containing the following order in disposition of the
proceeding, and (2) make information about it public. When so entered, the order shall have the
same force and effect and may be altered, modified, or set aside in the same manner and within
the same time provided by statute for other orders. The order shall become final upon service.
Delivery of the complaint and the decision and order to proposed respondent's address as stated
in this agreement by any means specified in Section 4.4(a) of the Commission's Rules shall
constitute service. Proposed respondent waives any right it may have to any other manner of
service. The complaint may be used in construing the terms of the order, and no agreement,
understanding, representation, or interpretation not contained in the order or the agreement may
be used to vary or contradict the terms of the order.
7. Proposed respondent has read the draft complaint and consent order. It understands that
it may be liable for civil penalties in the amount provided by law and other appropriate relief for
each violation of the order after it becomes fi nal.
ORDER
DEFINITIONS
For the purposes of this order, the following definitions shall apply:
1. Unless otherwise specified, "respondent" shall mean the Indoor Tanning
Association, its successors and assigns, its officers when acting in active concert
or participation with the Indoor Tanning Association, and its executive director.
2. "Covered product or service" shall mean any ultraviolet lamp or sunlamp product,
as defined in 21 C.F.R. 1040.20; and any commercial facility where consumers
may use ultraviolet lamps or sunlamp products.
3. "Clearly and conspicuously" means:
a. In print communications, the message shall be presented in a manner that
stands out from the accompanying text, so that it is sufficiently prominent,
because of its type size, contrast, location, or other characteristics, for an
Page 2 of 10
ordinary consumer to notice, read and comprehend it;
b. In communications made through an electronic medium (such as
television, video, radio, and interactive media such as the Internet, online
services and software), the message shall be presented simultaneously in
both the audio and visual portions of the communication. In any
communication presented solely through visual or audio means, the
message may be made through the same means through which the
communication is presented. In any communication disseminated by
means of an interactive electronic medium such as software, the Internet,
or online services, a disclosure must be unavoidable. Any audio message
shall be delivered in a volume and cadence sufficient for an ordinary
consumer to hear and comprehend it. Any visual message shall presented
in a manner that stands out in the context in which it is presented, so that it
is sufficiently prominent, due to its size and shade, contrast to the
background against which it appears, the length of time it appears on the
screen, and its location, for an ordinary consumer to notice, read and
comprehend it; and
c. Regardless of the medium used to disseminate it, the disclosure shall be in
understandable language and syntax. Nothing contrary to, inconsistent
with, or in mitigation of the disclosure shall be used in any
communication.
4 "Close proximity" means on the same print page, web page, online service page,
or other electronic page, and proximate to the triggering representation, and not
accessed or displayed through hyperlinks, pop-ups, interstitials, or other means.
5. "Commerce" shall mean as defined in Section 4 of the Federal Trade Commission
Act, 15 U.S.C. 44.
I.
IT IS HEREBY ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not represent, in any manner,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, that:
A. Tanning, including indoor tanning, does not increase the risk of skin cancer;
B. Tanning, including indoor tanning, is safe or poses no danger;
Page 3 of 10
C. Indoor tanning is approved by the government; and
D. Indoor tanning is safer than tanning outdoors because in indoor tanning facilities,
the amount of ultraviolet light is monitored and controlled.
II.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not misrepresent, in any manner,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, that:
A. Research shows that vitamin D supplements may harm the body's ability to fight
disease; and
B. A study in the Proceedings of the National Academy of Sciences determined that
(a) sun exposure does not cause skin cancer or melanoma, or that the risk of such
cancer is only hypothetical; (b) that getting a tan is healthy; (c) that the risks of
not getting enough ultraviolet light far outweigh the risk of skin cancer; or (d) that
vitamin D has been linked to significantly decreasing the risk of contracting lung,
kidney, or liver cancer.
III.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not make any representation,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, about the safety, health-related efficacy or performance, or health-
related risks or benefits, of any covered product or service; or about the sources, performance,
efficacy, or health-related risks or benefits of vitamin D; unless the representation is non-
misleading, and, at the time it is made, respondent possesses and relies upon competent and
reliable scientific evidence that is sufficient in quality and quantity based on standards generally
accepted in the relevant scientific fields to substantiate that the representation is true. For the
purposes of this Order, competent and reliable scientific evidence shall consist of tests, analyses,
research, studies, or other evidence that have been conducted and evaluated in an objective
manner by qualified persons, that are generally accepted in the profession to yield accurate and
reliable results, and whose results are consistent with the body of reliable scientific evidence
Page 4 of 10
relevant to the representation.
IV.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not misrepresent, in any manner,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, the existence, contents, validity, results, conclusions, or interpretations
of any test, study, survey, or research; except that this paragraph shall not apply to claims
phrased as opinions unless (a) they are not honestly held, (b) they misrepresent the qualifications
of the holder or the basis of his opinion, or (c) reasonable consumers are likely to interpret them
as implied statements of fact.
v.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not make any representation, in any
manner, expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, about the safety or health benefits of any covered product or service
unless it discloses, clearly and conspicuously, and within close proximity to that representation:
NOTICE: Exposure to ultraviolet radiation can increase the risk of developing skin
cancer and can cause eye injury.
Provided that, in lieu of the above, in the event that advertising for any covered product or
service makes any representation, expressly or by implication, including through the use of a
product name, endorsement, depiction, or illustration, that exposure to ultraviolet radiation
produces Vitamin D in the body or otherwise about the effectiveness or usefulness of such
product for generation of vitamin D, the required disclosure shall be as follows:
NOTICE: You do not need to become tan for your skin to make vitamin D. Exposure to
ultraviolet radiation can increase the risk of developing skin cancer and can cause eye
tnjury.
VI.
Page 5 of 10
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not provide to any other person or
entity any means or instrumentalities that contain any representation or omission prohibited by
this order. For the purposes of this Part, "means or instrumentalities" shall mean any
information, including but not necessarily limited to any advertising, labeling, communications
guides, or other promotional material.
VII.
IT IS FURTHER ORDERED that respondent Indoor Tanning Association and its
successors and assigns shall send as soon as practicable, but in no event later than thirty (30)
days after entry of this Order, by first-class mail, postage prepaid and return receipt requested, an
exact copy of the notice attached hereto as Attachment A, showing the date of mailing, to all IT A
members and all other entities to which ITA provided point-of-sale advertising on or after
January 1, 2008. The notice required by this paragraph shall not include any other document or
enclosures and may be sent to the principal place of business of each entity.
VIII.
IT IS FURTHER ORDERED that, for a period of five (5) years after the last date of
dissemination of any representation covered by this order, respondent Indoor Tanning
Association and its successors and assigns shall maintain and upon request make available to the
Federal Trade Commission for inspection and copying:
A. All advertisements and promotional materials containing the representation;
B. All materials that were relied upon in disseminating the representation; and
C. All tests, reports, studies, demonstrations, or other evidence in its possession or
control that contradict, qualify, or call into question such representation, or the
basis relied upon for the representation, including complaints and other
communications with consumers or with governmental or consumer protection
organizations.
IX.
IT IS FURTHER ORDERED that respondent Indoor Tanning Association and its
successors and assigns shall deliver a copy of this order to all current and future principals,
Page 6 of 10
officers, directors, and other employees with managerial authority having responsibilities with
respect to the subject matter of this order, and shall secure from each such person a signed and
dated statement acknowledging receipt of the order. Respondent shall deliver this order to
current personnel within thirty (30) days after the date of service of this order, and to future
personnel within thirty (30) days after the person assumes such position or responsibilities.
X.
IT IS FURTHER ORDERED that respondent Indoor Tanning Association and its
successors and assigns shall notify the Commission at least thirty (30) days prior to any change
in the corporation that may affect compliance obligations arising under this order, including but
not limited to a dissolution, assignment, sale, merger, or other action that would result in the
emergence of a successor corporation; the creation or dissolution of a subsidiary, parent, or
affiliate that engages in any acts or practices subject to this order; the proposed filing of a
bankruptcy petition; or a change in the corporate name or address. Provided, however, that, with
respect to any proposed change in the corporation about which respondent learns less than thirty
(30) days prior to the date such action is to take place, respondent shall notify the Commission as
soon as is practicable after obtaining such knowledge. All notices required by this Part shall be
sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer
Protection, Federal Trade Commission, Washington, D.C. 20580.
XI.
IT IS FURTHER ORDERED that respondent Indoor Tanning Association and its
successors and assigns shall, within sixty (60) days after the date of service of this order file with
the Commission a true and accurate report, in writing, setting forth in detail the manner and form
in which respondent has complied with this order. Within ten (1 0) days of receipt of written
notice from a representative of the Commission, respondent shall submit additional true and
accurate written reports.
XII.
This order will terminate twenty (20) years from the date of its issuance, or twenty (20)
years from the most recent date that the United States or the Federal Trade Commission files a
complaint (with or without an accompanying consent decree) in federal court alleging any
violation of the order, whichever comes later; provided, however, that the filing of such a
complaint will not affect the duration of:
A. Any Paragraph in this order that terminates in less than twenty (20) years; and
B. This order's application to any respondent that is not named as a defendant in
such complaint; and
Page 7 of 10
C. This order if such complaint is filed after the order has terminated pursuant to this
Paragraph.
Page 8 of 10
Provided, further, that if such complaint is dismissed or a federal court rules that the
respondent did not violate any provision of the order, and the dismissal or ruling is either not
appealed or upheld on appeal, then the order will terminate according to this Part as though the
complaint had never been filed, except that the order will not terminate between the date such
complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date
such dismissal or ruling is upheld on appeal.
Signed this _ day of ____ , 2009.
APPROVED:
MARY K. ENGLE
Associate Director
Division of Advertising Practices
DAVID VLADECK
Director
Bmeau of Consumer Protection
INDOOR TANNING ASSOCIATION
By: _______________ _
DAN HUMISTON
PRESIDENT
By: _______________ _
BRIDGET CALHOUN
CROWELL & MORING
Counsel for Respondent Indoor Tanning Association
FEDERAL TRADE COMMISSION
By: _________ __
JANET M. EVANS
Division of Advertising Practices
Page 9 of 10
ATTACHMENT A
[ON INDOOR TANNING ASSOCIATION LETTERHEAD]
IMPORTANT NOTICE ABOUT GOVERNMENT ACTION
[insert addressee name]
[insert addressee address]
Dear IT A Member or Affiliate:
In a recent lawsuit, the Federal Trade Commission (FfC) charged the Indoor Tanning
Association (ITA) with making misleading representations in its advertising and marketing for
indoor tanning. Among other things, the FTC alleged that ITA falsely claimed that indoor
tanning poses no risk to health, including no risk of skin cancer. In addition, the FTC alleged
than when ITA represented that indoor tanning caused the skin to generate vitamin D, ITA failed
to disclose material facts about the risks of indoor tanning. ITA has agreed to send this
notification to you as part of its settlement with the FTC.
ITA hereby requests that you immedi ately cease using all advertising and marketing
materials previously provided by to you by ITA. Among the materials you should no longer use
are all of the materials contained on the CD-ROM issued in 2008, including the following:
A. The "Melanoma Hype" print ad
B. The "Overdose of Hysteria" video
C. The "Communications: The Basics" guide and
D. The print ad with the tag line, "Time to rethink sun tanning?"
The FTC complaint alleges that these ads contain representations that are false and/or
misleading.
For further infonnation about the FTC's complaint and order, go to www.ftc.gov and
search "Indoor Tanning Association."
Very truly yours,
John Overstreet
Executive Director
Page 10 of 10
UNlTED STATES OF AMERICA
FEDERAL TRADE COMMISSION
In the Matter of )
)
INDOOR TANNING ASSOCIATION, )
a corporation. )
File No. 082-3159
AGREEMENT CONTAINING
CONSENT ORDER
The Federal Trade Commission has conducted an investigation of certain acts and
practices of Indoor Tanning Association ("proposed respondent"). Proposed respondent, having
been represented by counsel, is willing to enter into an agreement containing a consent order
resolving the allegations contained in the attached draft complaint. Therefore,
IT IS HEREBY AGREED by and between Indoor Tanning Association and counsel for
the Federal Trade Commission that:
1. Proposed respondent Indoor Tanning Association is a Massachusetts corporation with its
principal office or place of business at 2025 M Street, N.W., Washington, D.C. 20036.
2. Proposed respondent admits all the jurisdictional facts set forth in the draft complaint.
3. Proposed respondent waives:
A. Any further procedural steps;
B. The requirement that the Commission's decision contain a statement of findings
of fact and conclusions of law; and
C. All rights to seek judicial review or otherwise to challenge or contest the validity
of the order entered pursuant to this agreement.
4. This agreement shall not become part of the public record of the proceeding unless and
until it is accepted by the Commission. If this agreement is accepted by the Commission, it,
together with the draft complaint, will be placed on the public record for a period of thirty (30)
days and information about it publicly released. The Commission thereafter may either
withdraw its acceptance of this agreement and so notify proposed respondent, in which event it
will take such action as it may consider appropriate, or issue and serve its complaint (in such
form as the circumstances may require) and decision in disposition of the proceeding.
5. This agreement is for settlement purposes only and does not constitute an admission by
proposed respondent that the law has been violated as alleged in the draft complaint, or that the
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facts as alleged in the draft complaint, other than the jurisdictional facts, are true.
6. This agreement contemplates that, if it is accepted by the Commission, and if such
acceptance is not subsequently withdrawn by the Commission pursuant to the provisions of
Section 2.34 of the Commission's Rules, the Commission may, without further notice to
proposed respondent, ( 1) issue its complaint corresponding in form and substance with the
attached draft complaint and its decision containing the following order in disposition of the
proceeding, and (2) make information about it public. When so entered, the order shall have the
same force and effect and may be altered, modified, or set aside in the same manner and within
the same time provided by statute for other orders. The order shall become final upon service.
Delivery of the complaint and the decision and order to proposed respondent's address as stated
in this agreement by any means specified in Section 4.4(a) of the Commission's Rules shall
constitute service. Proposed respondent waives any right it may have to any other manner of
service. The complaint may be used in construing the terms of the order, and no agreement,
understanding, representation, or interpretation not contained in the order or the agreement may
be used to vary or contradict the terms of the order.
7. Proposed respondent has read the draft complaint and consent order. It understands that
it may be liable for civil penalties in the amount provided by law and other appropriate relief for
each violation of the order after it becomes fmal.
ORDER
DEFINITIONS
For the purposes of this order, the following definitions shall apply:
1. Unless otherwise specified, "respondent" shall mean Indoor Tanning Association,
its successors and assigns, its officers when acting in active concert or
participation with Indoor Tanning Association, and its executive director.
2. "Covered product or service" shall mean any ultraviolet lamp or sunlamp product,
as defined in 21 C.F.R. 1 040.20; and any commercial faci lity where consumers
may use ultraviolet lamps or sunlamp products.
3. "Clearly and conspicuously" means:
a. In print communications, the disclosure shall be presented in a manner
that stands out from the accompanying text, so that it is sufficiently prominent,
because of its type size, contrast, location, or other characteristics, for an ordinary
consumer to notice, read and comprehend it;
b. In communications made through an electronic medium (such as
television, video, radio, and interactive media such as the Intemet, online
services, and software), the disclosure shall be presented simultaneously in both
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the audio and visual portions of the communication. In any communication
presented solely through visual or audio means, the disclosure shall be made
through the same means through which the communication is presented. In any
communication disseminated by means of an interactive electronic medium such
as software, the Internet, or online services, the disclosure must be unavoidable.
Any audio disclosure shall be delivered in a volume and cadence sufficient for an
ordinary consumer to hear and comprehend it. Any visual disclosure shall be
presented in a manner that stands out in the context in which it is presented, so
that it is sufficiently prominent, due to its size and shade, contrast to the
background against which it appears, the length of time it appears on the screen,
and its location, for an ordinary consumer to notice, read and comprehend it; and
c. Regardless of the medium used to disseminate it, the disclosure shall be in
understandable language and syntax. Nothing contrary to, inconsistent with, or in
mitigation of the disclosure shall be used in any communication.
4. "Close proximity" means on the same print page, web page, online service page,
or other electronic page, and proximate to the triggering representation, and not
accessed or displayed through hyperlinks, pop-ups, interstitials, or other means.
5. "Commerce" shall mean as defined in Section 4 of the Federal Trade Commission
Act, 15 U.S.C. 44.
I.
IT IS HEREBY ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not represent, in any manner,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, that:
A. Tanning, including indoor tanning, does not increase the risk of skin cancer;
B. Tanning, including indoor tanning, is safe or poses no danger;
C. Indoor tanning is approved by the government; and
D. Indoor tanning is safer than tanning outdoors because in indoor tanning facilities,
the amount of ultraviolet light is monitored and controlled.
n.
IT [S FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
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manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not misrepresent, in any manner,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, that:
A. Research shows that vitamin D supplements may harm the body' s ability to fight
disease; and
B. A study in the Proceedings ofthe National Academy of Sciences determined: (a)
that sun exposure does not cause skin cancer or melanoma, or that the risk of such
cancer is only hypothetical; (b) that getting a tan is healthy; (c) that the risks of
not getting enough ultraviolet light far outweigh the risk of skin cancer; or (d) that
vitamin D has been linked to significantly decreasing the risk of contracting lung,
kidney, or liver cancer.
III.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not make any representation,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, about the safety, health-related efficacy or performance, or health-
related risks or benefits, of any covered product or service; or about the sources, performance,
efficacy, or health-related risks or benefits of vitamin D; unless the representation is non-
misleading, and, at the time it is made, respondent possesses and relies upon competent and
reliable scientific evidence that is sufficient in quality and quantity based on standards generally
accepted in the relevant scientific fields to substantiate that the representation is true. For the
purposes of this order, competent and reliable scientific evidence shall consist oftests, analyses,
research, studies, or other evidence that have been conducted and evaluated in an objective
manner by qualified persons, that are generally accepted in the profession to yield accurate and
reliable results, and whose results are consistent with the body of reliable scientific evidence
relevant to the representation.
IV.
IT lS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not misrepresent, in any manner,
expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, the existence, contents, validity, results, conclusions, or interpretations
of any test, study, survey, or research.
Page 4 of 9
V.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not make any representation, in any
manner, expressly or by implication, including through the use of a product name, endorsement,
depiction, or illustration, about the safety or health benefits of any covered product or service
unless it discloses, clearly and conspicuously, and within close proximity to that representation:
NOTICE: Exposure to ultraviolet radiation may increase the likelihood of developing
skin cancer and can cause serious eye injury.
Provided that, in lieu of the above, in the event that advertising for any covered product or
service makes any representation, expressly or by implication, including through the use of a
product name, endorsement, depiction, or illustration, that exposure to ultraviolet radiation
produces vitamin D in the body, or otherwise about the effectiveness or usefulness of such
product for generation of vitamin D, the required disclosure shall be as follows:
NOTICE: You do not need to become tan for your skin to make vitamin D. Exposure
to ultraviolet radiation may increase the likelihood of developing skin cancer and can
cause senous eye InJUry.
VI.
IT IS FURTHER ORDERED that respondent, directly or through any corporation,
partnership, subsidiary, division, trade name, or other device, in connection with the
manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any
covered product or service, in or affecting commerce, shall not provide to any other person or
entity any means or instrumentalities that contain any representation or omission prohibited by
this order. For the purposes of this Part, "means or instrumentalities" shall mean any
information, including but not necessarily limited to any advertising, labeling, communications
guides, or other promotional material.
VII.
IT IS FURTHER ORDERED that respondent Indoor Tanning Association and its
successors and assigns shall send as soon as practicable, but in no event later than thirty (30)
days after entry of this order, by first-class mail, postage prepaid and return receipt requested, an
exact copy ofthe notice attached hereto as Attachment A, showing the date of mailing, to all
Indoor Tanning Association members and all other entities to which Indoor Tanning Association
provided point-of-sale advertising on or after January 1, 2008. The notice required by this
paragraph shall not include any other document or enclosures and may be sent to the principal
place of business of each entity.
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VIII.
IT IS FURTHER ORDERED that, for a period of five (5) years after the last date of
dissemination of any representation covered by this order, respondent Indoor Tanning
Association and its successors and assigns shall maintain and upon request make available to the
Federal Trade Commission for inspection and copying:
A. All advertisements and promotional materials containing the representation;
B. All materials that were relied upon in disseminating the representation; and
C. All tests, reports, studies, demonstrations, or other evidence in its possession or
control that contradict, qualify, or call into question such representation, or the
basis relied upon for the representation, including complaints and other
communications with consumers or with governmental or consumer protection
organizations.
IX.
IT IS FURTHER ORDERED that respondent Indoor Tanning Association and its
successors and assigns shall deliver a copy of this order to all current and future principals,
officers, directors, and other employees with managerial authority having responsibilities with
respect to the subject matter of this order, and shall secure from each such person a signed and
dated statement acknowledging receipt of the order. Respondent shall deliver this order to
current personnel within thirty (30) days after the date of service of this order, and to future
personnel within thirty (30) days after the person assumes such position or responsibilities.
X.
IT TS FURTHER ORDERED that respondent fndoor Tanning Association and its
successors and assigns shall notify the Commission at least thirty (30) days prior to any change
in the corporation that may affect compliance obligations arising under this order, including but
not limited to a dissolution, assignment, sale, merger, or other action that would result in the
emergence of a successor corporation; the creation or dissolution of a subsidiary, parent, or
affiliate that engages in any acts or practices subject to this order; the proposed filing of a
bankruptcy petition; or a change in the corporate name or address. Provided, however, that, with
respect to any proposed change in the corporation about which respondent learns less than thirty
(30) days prior to the date such action is to take place, respondent shall notify the Commission as
soon as is practicable after obtaining such knowledge. All notices required by this Part shall be
sent by certified mail to the Associate Director, Division ofEnforcement, Bureau of Consumer
Protection, Federal Trade Commission, Washington, D.C. 20580.
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XI.
IT IS FURTHER ORDERED that respondent Indoor Tanning Association and its
successors and assigns shall, within sixty (60) days after the date of service ofthis order file with
the Commission a true and accurate report, in writing, setting forth in detail the manner and form
in which respondent has complied with this order. Within ten ( 1 0) days of receipt of written
notice from a representative of the Commission, respondent shall submit additional true and
accurate written reports.
XII.
This order will tenninate twenty (20) years from the date of its issuance, or twenty (20)
years from the most recent date that the United States or the Federal Trade Commission files a
complaint (with or without an accompanying consent decree) in federal court alleging any
violation of the order, whichever comes later; provided, however, that the filing of such a
complaint will not affect the duration of:
A. Any Paragraph in this order that terminates in less than twenty (20) years; and
B. This order's application to any respondent that is not named as a defendant in
such complaint; and
C. This order if such complaint is filed after the order has terminated pursuant to this
Paragraph.
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Provided, further, that if such complaint is dismissed or a federal court rules that the
respondent did not violate any provision of the order, and the dismissal or ruling is either not
appealed or upheld on appeal, then the order will terminate according to this Part as though the
complaint had never been filed, except that the order will not terminate between the date such
complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date
such dismissal or ruling is upheld on appeal.
Signed this_ day of _____ , 2009.
APPROVED:
MARY K. ENGLE
Associate Director
INDOOR TANNING ASSOCIATION
By: _______________ _
DAN HUMISTON
PRESIDENT
By: _______________ _
BRIDGET CALHOUN
CROWELL & MORING
Counsel for Respondent Indoor Tanning Association
FEDERAL TRADE COMMISSION
By: __________ __
JANET M. EVANS
Division of Advertising Practices
Division of Advertising Practices
DAVID VLADECK
Director
Bureau of Consumer Protection
Page 8 of 9
ATTACHMENT A
[ON INDOOR TANNING ASSOCIATION LETTERHEAD]
IMPORTANT NOTICE ABOUT GOVERNMENT ACTION
[insert addressee name]
[insert addressee address]
Dear IT A Member or Affiliate:
In a recent lawsuit, the Federal Trade Commission (FTC) charged the Indoor Tanning
Association (ITA) with making misleading representations in its advertising and marketing for
indoor tanning. Among other things, the FTC alleged that ITA falsely claimed that indoor
tanning poses no risk to health, including no risk of skin cancer. In addition, the FTC alleged
than when ITA represented that indoor tanning caused the skin to generate vitamin D, IT A failed
to disclose material facts about the risks of indoor tanning. IT A has agreed to send this
notification to you as part of its settlement with the FTC.
IT A hereby requests that you immediately cease using all advertising and marketing
materials previously provided by to you by IT A. Among the materials you should no longer use
are all of the materials contained on the CD-ROM issued in 2008, including the following:
A. The "Melanoma Hype" print ad
B. The "Overdose of Hysteria" video
C. The "Communications: The Basics" guide and
D. The print ad with the tag line, "Time to rethink sun tanning?"
The FTC complaint alleges that these ads contain representations that are false and/or
misleading.
For further information about the FTC's complaint and order, go to www.ftc.gov and
search "Indoor Tanning Association."
Very truly yours,
John Overstreet
Executive Director
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